USA v. Maria Martinez

Filing

UNPUBLISHED OPINION FILED. [16-40874 Dismissed as Frivolous and Remanded] Judge: PEH, Judge: ECP, Judge: CH. Mandate pull date is 04/12/2017 for Appellant Maria Isabel Martinez; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8361058-2] [16-40874]

Case: 16-40874

Document: 00513921725

Page: 1

Date Filed: 03/22/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40874
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
March 22, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARIA ISABEL MARTINEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-1823-1

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Maria Isabel
Martinez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Martinez has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
concur with counsel’s assessment that the appeal presents no nonfrivolous

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-40874

Document: 00513921725

Page: 2

Date Filed: 03/22/2017

No. 16-40874
issue for appellate review. However, we note that the judgment incorrectly
refers to 8 U.S.C. § 1324(a)(1)(A)(v)(iii), instead of § 1324(a)(1)(A)(iii), as
correctly set forth in the superseding indictment to which Martinez pleaded
guilty. Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2. This case is REMANDED to the district
court for the limited purpose of correcting the clerical error in the judgment.

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